John Hughes told the jurors who convicted him that they were “shopkeepers tired of waiting, and anxious to get home for their dinner”. They had taken ten minutes. Days later he was hanged behind Melbourne Gaol for the murder of Abraham Marcus, a traveller whose only mistake was chasing the men who stole his best horse.
In December 1852 Marcus was bound for the Ovens goldfields with his wife and nine-year-old son when their dray broke down at Yackandandah Creek. Four horsemen stopped, accepted a meal and even helped with the repairs. Hughes turned down four pounds for his tired horse and saddle, remarking that he would not go much further before he had another. When the riders had gone, so had the best of the Marcus horses, with the worn-out mount left in its place.
Marcus rode after them and seized the bridle. The gang kept him talking until a passing bullock dray was out of sight, then drew pistols, marched him into the bush and tied him to a tree, where he was later found dead. His whole party recognised the rope: it had hung around the neck of the horse Hughes rode. That same evening, by his own later account, the gang robbed a young Sydney man named Stone on his way home from the diggings; he broke free, was run down and killed, and his body was sunk in a creek, weighted with stones and a saddle.
A reward of 200 pounds was offered, but it was 1854 before the widow picked Hughes out of a line of 21 identically dressed prisoners in the yard of Darlinghurst Gaol. He made a long confession naming three accomplices, then asked to be sent to Melbourne quickly, since enough had been proved to hang him. At trial he called the jurors “new chums”, to laughter from the gallery. The judge replied that an innocent man would never have dared to browbeat a jury so, and that the clear evidence of the dead man’s young son had settled the matter.
From the dock Hughes withdrew his confession as false and swore the men he had named were innocent too: “I now say, and will on the day of my death, that I am an innocent man.” He went to the scaffold pale but composed, and made no further revelations.
